Policy context in brief

Child protection

NHS boards have a duty to co-operate with local authorities when they are making enquiries to protect children, young people and unborn babies and NHS employees have a duty to take appropriate action when we are concerned that a child (including an unborn child) or young person is at risk of harm, abuse or neglect (Scottish Government (2021)). More information on national guidance is available on the Scottish Government Child Protection site.

Adult support and protection

Section 5(3) of the Adult Support and Protection (Scotland) Act 2007 places a legal duty on NHS staff who know or believe that a person is an adult at risk of harm and that action needs to be taken to protect them from harm, to make a referral by reporting the facts and circumstances of the case to the council for the area in which the person is considered to be located. More information on national ASP policy including the Code of Practice can be accessed online here.

Public protection

Chief Executives of all Health Boards have a responsibility to ensure that all staff, including independent contractors, are competent to recognise and respond to public protection concerns and that they are fully aware of their individual and corporate responsibilities set out in the NHS Public Protection Accountability and Assurance Framework 2022.

Some links in this toolkit are to NHS A&A AthenA (intranet site). For independent contractors who cannot access AthenA and would like access to guidance referenced please email your request here